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ICE issues enforcement guidance to OPLA attorneys implementing EO 13768

  1. Date Announced

    Aug. 15, 2017

    ICE issues guidance to OPLA attorneys implementing Executive Order 13768 on interior enforcement. The guidance revises enforcement priorities, directs the Office of Chief Counsel to review all previously administratively closed cases, states that prosecutorial discretion is not to be exercised in favor of leniency (except for members of the military and their family members), and announces a general policy of opposing motions to reopen. [ID #270]

    See Biden administration action below.

    View Policy Document
  2. Effective Date of Change

    Aug. 15, 2017
  3. Biden Administration Action

    January 20, 2021

    This Biden administration policy revokes in its entirety the Trump-era policy identified in this entry.

    On January 20, 2021, DHS issued a policy memo rescinding and suspending the Trump-era policy memo.

    2021.01.20 Review of and Interim Revision to Civil Immigration Enforcement and Removal Policies and Priorities
  4. Biden Administration Action

    May 27, 2021

    This Biden administration policy furthers the previously mentioned Biden administration action revoking in its entirety the Trump-era policy identified in this entry.

    On May 27, 2021, ICE issued guidance to OPLA attorneys regarding enforcement priorities. In contrast to the previous Trump-era guidance, this document emphasizes the use of prosecutorial discretion when appropriate.

    2021.05.27 Interim Guidance to OPLA Attorneys Regarding Civil Immigration Enforcement and Removal Policies and Priorities
Status: Final/Actual
Type of Action: Agency Directive
Subject Matter: Interior
Agencies Affected: ICE

Prior Policies

Biden Administration Actions

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